Anonymous
Anonymous asked in Politics & GovernmentImmigration · 1 month ago

Anyone done the K-1 visa process and has advice? Australian marrying an American. ?

Hi, I’m Australian and my boyfriend is American. Right now I’m at home and he’s in the states due to COVID. The next time we get to be together he is going to propose and then we are going to start the fiancé visa process. I have been doing some research and it says 6-9 months wait time and lots of forms and interviews. Can anyone share their experience? 

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  • 1 month ago

    The K-1 visa is really for folks who otherwise have no other way to set foot on US soil. Think Muhammad from the Middle East or the smoking-hot 18 year-old Thai girl from Phuket. That's not you.

    As an Aussie, you can visit the United States visa free under the VW program. You can get married there as well, as tens of thousands of tourists do it every year, many of them in Hawaii. So I wouldn't go the fiance route as this requires Adjustment of Status any way you pull this off, which costs money and time, but the spousal route, via the CR-1 visa.

    Source(s): I’m an immigrant, a former attorney, and now live in Ojai, California.
  • 1 month ago

    Yes, there are lots of forms, other requirements, and an interview at the US Consulate nearest to where you live in Australia.  

    Since the two of you plan to live n the USA after you marry then I recommend you visit him in the USA. The two of you should talk to an immigration attorney during your visit.  The attorney an gather all the information about both of your situations and offer an informed opinion about how complicated (or not) you being sponsored for the Fiancé/e visa will be.  If there are no complicating factors and both of you are reasonably competent individuals then Ibu Guru is correct and you probably do not need an attorney to do the visa application for you.  

    If you travel to the USA then realize the purpose of the trip cannot be "so my boyfriend can propose to me" or ANYTHING ELSE related to you marrying a US citizen. You will be "visiting a friend". 

  • 1 month ago

    IF you both meet all requirements & follow directions exactly, there is no real need for any attorney. Most people complete the K-1 visa process without any attorney. Before you start the process, ensure you fully meet all requirements, and make sure paperwork is perfect.

    IF your bf is US citizen, he can apply for your K-1 fiance visa. He must earn enough to support self + all dependents + you, and have a suitable home in US for you. He needs current year paystubs & his last 3 years of US income tax returns to prove earnings. You two must have met in person, face-to-face - no email pals - and document when, where, how you met, and all the time you have spent together in person. You will be interviewed at the US consulate nearest your home in Australia. 6-9 months is very optimistic. 

    Plan on it taking a year, which is more common, then perhaps be pleasantly surprised. While your visa is in-process, he can visit you in your country, but you are not eligible for tourist visa or visa waiver since his petition proves your intent to remain in US. If you have ever overstayed any visa/visa waiver, or violated any visa terms whatsoever, you'd better sponsor his immigration to your country.

    If you are approved & receive your K-1 fiance visa, you must marry within 90 days of your arrival in US, then file for Adjustment of Status. If you do not marry within the 90 days, or the marriage fails, you return home immediately. Adjustment of Status after marriage takes about 6-9 months, and once you receive your temporary (conditional) green card, you go in-person to the nearest Social Security Administration office to apply for SSN (Form SS-5). Takes about 4 weeks to verify your immigration status & receive your new Social Security card in the mail. Once you have green card & Social Security card, you can apply for jobs, start working, get driver's license, etc. Your fiance/spouse must totally support you with all essentials, including health insurance. 

    Basically, the requirements & process for him to sponsor your immigration to US are similar to those for you to sponsor him to Australia. 

  • Edwena
    Lv 7
    1 month ago

    We know of several people who have done it.  My advice is have him hire an immigration attorney who can do it all quickly and correctly.  He and you will be doing it for the first time, and you will make mistakes, and the mistakes cost you both time and money.  And you are going to need help.  For example you say 6-9 months.  What impact will covid have or the restarting of the process when there is a couple years backlog on K1s as well as other types of visas.  It might be 4 years.   You really need an attorney for advice and to grease the wheels. Or if Biden is elected and they naturalize 13,000,000+ Mexicans, it will have priority.   So, take a look at the problems and welcome to the visa world.  But the good news is that there is a process and it can be done.  You need to time your entrance for as soon as possible, so you need to get the application in ahead of all of the other people, if possible.  Hire an attorney and start the process now.  Forget the romantics.   

    Take the advice of the by-standers and you will regret not finding the money to for a lawyer.  One question you should ask yourself and him is this.  If he does not have the money to hire a lawyer for something this important, how is he going to afford you, being a stranger in a new country?  

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